A person accused of an offence is entitled to be released on bail if the court is satisfied that there are reasonable grounds to believe that the accused will not commit any offence while on bail and that the accused will appear before the court as and when required.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32835 of 2021

Arising Out of PS. Case No.-241 Year-2020 Thana- SIKANDRA District- Jamui

======================================================

RITESH YADAV Son of Sagar Yadav Resident of Village - Dharsanda, P.S.-

Sikandra, District - Jamui.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Satya Prakash Parasar

For the Opposite Party/s :

Mr.APP.

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

3

04-01-2022

The present petition has been taken up for

consideration through the mode of Video conferencing in view

of the prevailing situation on account of COVID 19 Pandemic,

requiring social distancing.

Heard learned counsel for the petitioner Sri Satya

Prakash Parasar, learned counsel for the informant, Sri

Amrendra Kumar and Sri Mithlesh Khare, learned APP for the

State.

Petitioner seeks bail in connection with Sikandra P.S.

Case no. 241 of 2020 registered for the offence punishable

under sections 147, 148, 149, 341, 323, 307, 337, 338, 504, 506

of the Indian Penal Code read with section 27 of the Arms Act.

Learned counsel for the petitioner submits that

petitioner is in custody since 7.2.2021, is person with clean

Patna High Court CR. MISC. No.32835 of 2021(3) dt.04-01-2022

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antecedent and charge sheet has been submitted. Learned

counsel further submits that the informant in the FIR alleges that

on the order of Anach Yadav, petitioner fired at Abhishek Kumar

causing injury near his ear and Pramod Yadav fired at Ajit

injuring him, further Manoj Yadav fired at the informant and

Kamleshwari Yadav assaulted the informant by rod on head. It is

further alleged that Sagar, Bittu and Anach assaulted brother of

the informant (Bali Yadav) by khanti injuring him Sunita Devi

assaulted Archana by stone injuring her and cause of occurrence

is land dispute. Learned counsel submits that from perusal of the

allegation as alleged in the FIR, it would manifest that against

this petitioner, it is alleged that he fired on the order of Anach

Yadav causing injury to Abhishek. Learned counsel submits that

even the doctor who examined Abhishek has not stated with

certainty that injury was gun shot injury, further he records

suspected gun shot injury, learned counsel further submits that

private hospital records that it was a gun shot injury. Learned

counsel submits that mother of this petitioner instituted Sikandra

P.S. Case no. 242 of 2020 against the present informant and

others and on the same date on which this occurrence had taken

place, it is submitted that from perusal of the allegation as

alleged in Sikandra P.S. Case no. 242 of 2020, it would manifest

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that mother of this petitioner has stated that accused persons

came to her house and Ram Badan Kumar started indiscriminate

firing which hit Abhishek and Ajit and when family members of

Sikandra P.S. Case no. 242 of 2020, came out they assaulted, as

detailed in the FIR. It is thus submitted that the present

informant was aggressor and it was their own bullet which

caused injury to the people belonging to their side but the

present FIR came to be instituted shifting the allegations.

Learned counsel for the informant opposes the bail

application and submits that it was this petitioner who fired at

Abhishek causing injury near his ear and the doctor has also

opined that he received gun shot injury but fairly submits that

there is case and counter case and in the counter case, it has

been alleged that firing was made from the side of the informant

in which persons belonging to the side of the informant were

injured.

Learned APP also opposes the prayer for bail.

Be that as it may, considering the facts that petitioner

is in jail cu